Judge: Michael E. Whitaker, Case: 21STCV45207, Date: 2022-10-27 Tentative Ruling

Case Number: 21STCV45207    Hearing Date: October 27, 2022    Dept: 32

resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

MOTION

            Jerry A. Jacobson (Counsel) moves to be relieved as counsel for Plaintiff Jason Neil Henkey (Plaintiff).  

ANALYSIS

Counsel has filed forms MC-051 and MC-052 and has lodged with the Court a copy of the proposed order on form MC-053 as required.  (Cal Rules of Court, rule 3.1362.)  The basis for the motion is a breakdown in attorney-client communication.  This is a valid reason for withdrawal.  (See Rules Prof. Conduct, rule 1.16.)  Accordingly, the Court grants the motion.

Notwithstanding, the Court finds that the proposed order (form MC-053) is incomplete.  First, Counsel failed to include information in Section 7.b.  Second, Counsel failed to provide information in Section 8 including proceedings scheduled for June 16, 2023 and December 6, 2024.  Therefore, the Court orders Counsel to amend the proposed MC-053 accordingly and lodge it for the Court’s approval.

Counsel must serve the signed order (form MC-053), which shall include information about all future hearings and proceedings noticed by any party, or ordered by the Court, on Plaintiff and all other parties who have appeared in the action, within 10 days of the date of this Order, and file a proof of service of such.  Counsel will remain the attorney of record for Plaintiff until Counsel files the requisite proof of service.  (See Cal. Rules of Court, rule 3.1362(e).)